Central Information Commission
Mrp K Arya vs Employees State Insurance Corporation on 23 July, 2015
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26101592
File No. CIC/BS/A/2014/001760+001990+001819+001858/8164
23 July 2015
Relevant Facts emerging from the Appeal:
Appellant : Mr. P. K. Arya
Social Worker, Aam Admi Party,
C/o Balaji Hospital,
Samta Ashram Lane,
Rampur Road, Haldwani, Uttarakhand
Respondent : CPIO
ESIC
Panchdeep Bhawan,
Wind No. 4, Shivpuri,
Prem Nagar, Dehradun, Uttarakhand
RTI application filed on : 28/05/2014
PIO replied on : 13/06/2014
First appeal filed on : 20/06/2014
First Appellate Authority order : No order passed
Second Appeal received on : 17/07/2014 & 13/08/2014
Information sought:
File No. CIC/BS/A/2014/001760 The appellant sought names of all IP admitted with card number, mobile numbers, addresses, ailment, final diagnosis, all relevant investigations supporting the diagnosis details of medicines and hospital bill claimed for which they were referred to empanelled hospitals in Uttrakhand from 01/Jan/2012 to 31/Dec/2012.
File No. CIC/BS/A/2014/001990 The appellant sought names of all IP admitted with card number, mobile numbers, addresses, ailment, final diagnosis, all relevant investigations supporting the diagnosis details of medicines and hospital bill claimed for which they were referred to empanelled hospitals in Uttrakhand from 01/Jan/2011 to 31/Dec/2011.
File No. CIC/BS/A/2014/001819 The appellant sought names of all IP admitted with card number, mobile numbers, addresses, ailment, final diagnosis, all relevant investigations supporting the diagnosis details of medicines and hospital bill claimed for which they were referred to empanelled hospitals in Uttrakhand from 01/Jan/2009 to 31/Dec/2009.Page 1 of 2
File No. CIC/BS/A/2014/001858 The appellant sought names of all IP admitted with card number, mobile numbers, addresses, ailment, final diagnosis, all relevant investigations supporting the diagnosis details of medicines and hospital bill claimed for which they were referred to empanelled hospitals in Uttrakhand from 01/Jan/2010 to 31/Dec/2010.
Grounds for the Second Appeal:
The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. P. K. Arya through VC (M 08476802957) Respondent: Mr. Anand Kumar Rishi CPIO through VC (M 09410393865) It is seen that the information sought in all the four appeals is similar and hence they are heard together and disposed of by a common order.
The CPIO stated that the appellant is seeking details of medical treatment and expenses incurred for treatment of insured persons but the information cannot be provided being exempt under Section 8(1)(j) of the RTI Act. He argued that the information relates to third parties, is personal in nature and cannot be provided as no public purpose has been demonstrated by the appellant to justify the disclosure.
Decision notice:
The Hon'ble Delhi High Court in its decision dated 17/04/2015 (LPA 34/2015 and C.M. No 1287 of 2015 - S C Agarawal v/s The Registrar Supreme Court of India & ors) has held that information relating to medical treatment and expenses incurred for medical facilities is personal information which is exempted from disclosure under Section 8(1)(j) of the RTI Act, unless larger public interest warrants disclosure of such information.
The matters are closed.
BASANT SETH Information Commissioner Authenticated true copy:
(R. L. Gupta) Dy. Registrar/Designated Officer Page 2 of 2